As a result of today’s settlement, filed in U.S. District Court, the City of Providence can no longer order Pombo to stop performing on public property or require him to obtain a permit to perform on public property absent violation of any other valid ordinances. The settlement agreement further stipulates that “because soliciting donations is protected speech under the First Amendment,” the City cannot stop Pombo from soliciting or accepting donations for his performances. The City also agreed to pay compensatory damages.

The lawsuit was filed by ACLU of RI volunteer attorneys Shannah Kurland and John W. Dineen.

Kurland said today: “We appreciate that the City was able to work with us to acknowledge Mr. Pombo's right to make music in public spaces. Let's hope that going forward municipal government will respect the Constitution without people having to sue our own city.”

Attorney Dineen added: "Ben Franklin, who was a busker in his early days, will be glad to see that the First Amendment still has some life in it, although it takes a street saxophonist and the ACLU to keep it going."